Courts Commons^™

The Curious Case Of The Secondary Market With Respect To Investor Protection, Adi Osovsky

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Could Windsor Revive Federalism? The States' Right To Protect Citizens Following Doma's Demise, Mark A. Fulks, Ronald S. Range Iii

Tennessee Law Review

The United States Supreme Court's decision in United States v. Windsor was perhaps the most anticipated decision of the October 2012 Term. By invalidating the Defense of Marriage Act (DOMA), the Court settled one hotly debated issue. But the Court's rationale gives rise to a litany of questions. Under the rubric of the Fifth Amendment, the Court invalidated a federal statute that denied certain citizens the right to liberty, which was rooted in the state's definition of marriage, and the equal dignity the state sought to protect. In doing so, the Court announced a new test to determine where supreme …

Criminal Procedure-Capital Punishment-Motions To Reopen Petitions For Post-Conviction Relief, Jacob Spangler

Tennessee Law Review

No abstract provided.

Second Amendment Realism, David Wolitz

Tennessee Law Review

No abstract provided.

The 1st Amendment, 2nd Amendment, And 3d Printed Guns, Josh Blackman

Tennessee Law Review

We are standing at the dawn of the next great industrial revolution. With 3D printers people can print an infinite number of personalized and customized "things." However, one manifestation of this bold new technology threatens to cast a specter on innovation: 3D printed guns. This Article explores how efforts to regulate, or even ban 3D guns, must satisfy constitutional scrutiny under both the First and Second Amendments.

The Second Amendment right to keep and bear arms includes a subsidiary right to acquire arms-what else are you going to keep and bear-which covers both the buyer, and seller in the transaction. …

Anti-Evasion Doctrines And The Second Amendment, Brannon P. Denning

Tennessee Law Review

No abstract provided.

The Empire Strikes Back: The District Of Columbia's Post-Heller Firearm Registration System, Stephen P. Halbrook

Tennessee Law Review

No abstract provided.

The Second Amendment Wild Card: The Persisting Relevance Of The "Hybrid" Interpretation Of The Right To Keep And Bear Arms, Michael P. O'Shea

Tennessee Law Review

No abstract provided.

Constitutional Trespass, Laurent Sacharoff

Tennessee Law Review

The Supreme Court has recently created a trespass test for Fourth Amendment searches without explaining what type of trespass it envisions-one based on the common law of 1791, on the specific trespass law of the state where the search occurred, or on some other trespass principles. Indeed Florida v. Jardines, decided in 2013, raises the question whether the Court has created a trespass test at all, a seeming turnabout that largely recapitulates the Court's 125- year history of confusion in which it has embraced, rejected, or simply ignored trespass as a test from era to era or even year to …

Subject Index

Tennessee Law Review

No abstract provided.

Rethinking Presumed Knowledge Of The Law In The Regulatory Age, Michael Cottone

Tennessee Law Review

"But the guilty person is only one of the targets of punishment. For punishment is directed above all at others, at all the potentially guilty."

Skepticism About Deterrence, Thomas S. Ulen

Loyola University Chicago Law Journal

In this Essay I first review the standard law-and-economics model of how rational potential criminals decide whether to commit a crime, and how rational criminals might be deterred from committing crime by raising the expected costs of crime. I also show how that model has had a deep impact on criminal-justice-system policy in the United States since at least 1980. I then express deep skepticism about the continued effectiveness of this model and its policy implications. First, I show how modern empirical research on deterrence argues that we have gone much too far in our use of incarceration; in brief, …

The First Amendment Guide To The Second Amendment, David B. Kopel

Tennessee Law Review

No abstract provided.

Criminal Procedure-Juror Misconduct And Bias-Assessing The Prejudicial Effect Of Extra-Judicial Communications By Jurors In A Technologically Advanced Society, Racquel Martin

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Anti-Justice, Melanie D. Wilson

Tennessee Law Review

This Article contends that, despite their unique, ethical duty to "seek justice," prosecutors regularly fail to fulfill this ethical norm when removed from the traditional, adversarial courtroom setting. Examples abound. For instance, in 2013, Edward Snowden leaked classified information revealing a government-operated surveillance program known as PRISM. That program allows the federal government to collect metadata from phone companies and email accounts and to monitor phone conversations. Until recently, prosecutors relied on some of this covertly acquired intelligence to build criminal cases against American citizens without informing the accused. In failing to notify defendants, prosecutors violated the explicit statutory directives …

Uncommon Firearms As Obscenity, Jordan E. Pratt

Tennessee Law Review

No abstract provided.

Foreword: The Second Amendment As Ordinary Constitutional Law, Glenn Harlan Reynolds

Tennessee Law Review

No abstract provided.

Author Index

Tennessee Law Review

No abstract provided.

Editorial Board

Tennessee Law Review

No abstract provided.

Constitutional Law-The First Amendment Retaliation Doctrine-A Public Employee's Rights Regarding Perceived Political Association Retaliation, Kaitlyn Poirier

Tennessee Law Review

No abstract provided.

The New Ada Backlash, Nicole Buonocore Porter

Tennessee Law Review

No abstract provided.

Educating Athletes Re-Envisioning The Student-Athlete Model, William W. Berry Iii

Tennessee Law Review

This article contends that if the NCAA and universities are serious about saving the current student-athlete model, then they should double-down on the concept of "student" in the student-athlete model. In particular, this paper suggests that adopting a more realistic approach to educating athletes will benefit both the universities and student-athletes, relieving pressure on the current model and improving educational outcomes.

Specifically, this article argues for a revised student-athlete model. First, the new model would require mandatory six-year scholarships for student-athletes and a reduction in the required academic hours "in-season" from nine to three. The model also mandates that students …

Constitutional Law-Personal Jurisdiction-A State's Ability To Exercise Jurisdiction Over A Foreign Manufacturer, Karissa Hazzard

Tennessee Law Review

No abstract provided.

What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara Gordon

Tennessee Law Review

What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial-even jurors who consciously want to reach a fair and accurate verdict-are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand the law …

Constitutional Law-Suffrage And The State's Interest In Preventing Fraud-The Constitutionality Of Tennessee's Photo Identification Requirement Under Strict Scrutiny, Garett Franklyn

Tennessee Law Review

No abstract provided.

Happy Together? The Uneasy Coexistence Of Federal And State Protection For Sound Recordings, Gary Pulsinelli

Tennessee Law Review

Me and you and you and me

No matter how they toss the dice It has to be

The only one for me is you, And you for me

So happy together

-The Turtles, Happy Together (written by Alan Gordon Garry Bonner)

In The Courts: When The Bell Rings Silently: Punitive And Other Constitutional Concerns For Juvenile Detainees In Isolation, Kevin Young

Children's Legal Rights Journal

No abstract provided.

Judicial Authority In Wto Law: A Commentary On The Appellate Body's Decision In China-Rare Earths, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.